A HEARING which has lasted more than a week could become null and void after it emerged a witness is married to a north west employment tribunal judge.

Sue Wallace, a former HR officer from Connah’s Quay, has taken Cheshire East Council to an employment tribunal after she was dismissed in December 2016.

The tribunal has heard that Ms Wallace brought a report to the attention of Sara Barker, head of strategic HR, on October 28, 2016, raising concerns that care workers and some Tatton Park staff had worked a number of ‘sleep-in shifts’ which meant they had not received the national minimum wage.

Ms Wallace’s case has been heard at Manchester Employment Tribunal since last Monday – but it could now be postponed after it was revealed Mrs Barker, who was the first witness to be cross-examined last Wednesday, is married to employment tribunal judge Grahame Barker.

As the hearing reopened this morning Jeremy Lewis, the barrister representing CEC as the respondent, told Judge David Franey: “Mrs Barker’s husband has been a lay member for some 10 years.

“It is relevant – I found one example on the web and there may be more – that he has sat as a lay member with you before sir.

“He may well have attended members’ training with one of the bench, and he may well sit with one of the members of the bench in future.”

Mr Barker is not on the judicial bench currently hearing Ms Wallace’s case.

The issue was briefly raised last Friday, when Ms Wallace was advised she could decide whether to call the current hearing off and have a new bench hear her case from a different region in England.

She told the tribunal then that she was happy for the case to continue in Manchester this week – but the issue was brought back on to the table by Mr Lewis after he suggested it would be unfair on CEC if Ms Wallace changes her mind later this week following cross-examination.

Mr Lewis then pointed to a previous employment tribunal of Bhardwaj v FDA and others, which set a legal precedent for a hearing to be postponed, and apologised for not bringing the matter to the tribunal’s attention sooner.

Advising Ms Wallace, who is representing herself as the claimant, Judge Franey said: “I could have gone on the basis that the tribunal did not know about it.

“But as Mr Lewis has explained, the tribunal has to avoid material bias or the appearance of bias.”

The hearing has now been adjourned until 2pm, while Ms Wallace considers whether the case should be postponed.